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what doma says is two things. one state does not have to recognize the marriage law, same-sex marriage law, of another state. that would be struck down and then there would have to be another test as to full faith and credit. >> if you move from california to utah and you're getting the recognized marriage in california but not in utah, but in utah living in salt lake city you'd be able to get social security benefits and all the federal stuff. >> you would -- it's not clear. >> it would depend how the court rules in that case. >> if the court reaches the question of full faith and credit, what that is, utah must recognize the marriage laws of california, then, yes -- >> but you'd still be getting your social security checks, wouldn't you? >> it's not clear -- >> let's go back to a clear case. if prop 8 -- if the decision by the ninth , if the decision to strike that down, if that is upheld, where do we stand? what does that do? is equality then the law of the land? is marriage equality the law of land? >> it woul
what doma says is two things. one state does not have to recognize the marriage law, same-sex marriage law, of another state. that would be struck down and then there would have to be another test as to full faith and credit. >> if you move from california to utah and you're getting the recognized marriage in california but not in utah, but in utah living in salt lake city you'd be able to get social security benefits and all the federal stuff. >> you would -- it's not clear....
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the supreme court is taking up a prop 8 and a doma case. does the president need to take a stronger stance on this now? >> i think he should. both on the substance and the politics. the constitution clearly states every american has equal rights under the law. that includes the right for loving committed couples to get married. it's a no brainer. on the pollices, as you said, that 53% support, it shot up ten points in two years. america is at a tipping point on this issue. you are right about the young people. they are going to be the majority of the electorate over the next two presidential cycles. they are already a voice in a n. it's all upside for the president and the democrats. >> erin, i'm going to get you to weigh in after the break on the president's legacy on this issue. >>> and the must-reads, the picks after this. citracal slow release continuously releases calcium plus d with efficient absorption in one daily dose. citracal slow release. with efficient absorption in one daily dose. is bigger than we think ... sometimelike the f
the supreme court is taking up a prop 8 and a doma case. does the president need to take a stronger stance on this now? >> i think he should. both on the substance and the politics. the constitution clearly states every american has equal rights under the law. that includes the right for loving committed couples to get married. it's a no brainer. on the pollices, as you said, that 53% support, it shot up ten points in two years. america is at a tipping point on this issue. you are right...
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it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's interesting that there are these conflicts. and this happens on not a lot of issues. and what's the latest with you on -- your name is so difficult to say but anna hita, what's your take on the pot issue? >> my take is that i would urge washington pot smokers not to rush out and pull out the cheetoes quite yet. because under federal law it is illegal to possess, to sell, to smoke pot. we know that federal law trumps state law. so i think not only will the federal -- the feds have an obligation to get in there and ensure that their laws are upheld. >> laura: their laws are on the books. whether immigration, their
it happened on the doma issue. because doma does address the general issue of man, woman, marriage. but then you have california, prop 8 and prop 8 struck down and movement in california. other states that have legal i seed gay marriage. maryland, for instance. so, it's not like the feds are going to try to enforce dome marks right? >> two different issues. one is criminal and one is something totally different. >> right, it's still selective. i'm not making a judgment. it's...
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when the supremes get down to assessing doma, we can expect the conservatives to defend doma and the liberals to strike it down. the comp significance of the majority will be determined by the votes of chief justice roberts who has shown he's willing to leave the conservatives if he feels the court's legacy is in peril and kenne kennedy. he wrote the constitution prohibits laws singling out a certain class of citizens for disfavored legal status. it appears doma will get tossed in the dust bin of history. the courts other gay rights case comes from california which gave gays the right to marry and then with proposition 8 took it away. taking away an existing right because of animus was prohibited by the court in a '96 decision authored by justice kennedy. but where the doma case asks can the federal government discriminate against married couple, the prop 8 case asks can states bar gays from marrying. kennedy has the opportunity to liberate california or create a gay roe v. wade. s acceptance is only growing. kennedy can only give the gay rights movement a decisive final
when the supremes get down to assessing doma, we can expect the conservatives to defend doma and the liberals to strike it down. the comp significance of the majority will be determined by the votes of chief justice roberts who has shown he's willing to leave the conservatives if he feels the court's legacy is in peril and kenne kennedy. he wrote the constitution prohibits laws singling out a certain class of citizens for disfavored legal status. it appears doma will get tossed in the dust bin...
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if we first talk about doma, if it is struck down, what does that mean nationally? >> well, it means only that if you live in a state that permits same-sex marriage and you are in a same-sex marriage, that the federal government will recognize your marriage. doma does not require states to do anything. it doesn't require anybody to do anything. but right now it prevents the federal government from granting recognition to same-sex marriages like, for instance, in new york. if that is struck down, the people who are married in states that allow it will get full federal recognition. >> which is over more than 1,000 federal benefits that go along with that. >> it's very important. it would be very significant. >> jonathan, we talk about prop 8 in california. if that is struck down, does that mean marriage equality then for all intents and purposes is legal in all states? does what happens in california then change the relevance for 49 other states? >> well, this all gets to how the supreme court rules. you know, i think it was the ninth circuit -- the ninth circuit cour
if we first talk about doma, if it is struck down, what does that mean nationally? >> well, it means only that if you live in a state that permits same-sex marriage and you are in a same-sex marriage, that the federal government will recognize your marriage. doma does not require states to do anything. it doesn't require anybody to do anything. but right now it prevents the federal government from granting recognition to same-sex marriages like, for instance, in new york. if that is...
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>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads to the supreme court to review the case. everyone thought they would take the case. i think they are going to do the right thing and strike it down. the other case is much more complicated. the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the case says there's this definition passed by a ballot initiative that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says the
>> the doma case is a much more easy case. all it does is to return congress to its original position of following whatever states say the definition of marriage are. so it was crafted because it's a movement. they tend to be pro-state's rights and the liberals are pro-gay so arguing towards the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck it down, that it leads...
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even the justice department won't defend doma. so they can wrap it just on invalidating doma without answering the question of the validity of same-sex marriage. that's an easy way to do it. that's what supreme court decisions often will resolve cases by. look at the procedural issue. this is an answer the american people want. the supreme court recognizes that. they will make a ruling on it. this court will decide this. >> hang on, guys. a wisconsin dad is on the hook for $90,000 in back child support. he had nine kids with six different women. what the judge said he can't do anymore until he pays up. legal guys will weigh in on that as well. >>> and the looming fiscal cliff. the president says raising money on the wealthiest americans could raise a trillion dollars. from the best players in history to the number 1 club in the world. the potential of manchester united unlocked. nyse euronext. unlocking the world's potential. since ameriprise financial was founded back in 1894, they've been committed to putting clients first. help
even the justice department won't defend doma. so they can wrap it just on invalidating doma without answering the question of the validity of same-sex marriage. that's an easy way to do it. that's what supreme court decisions often will resolve cases by. look at the procedural issue. this is an answer the american people want. the supreme court recognizes that. they will make a ruling on it. this court will decide this. >> hang on, guys. a wisconsin dad is on the hook for $90,000 in back...
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this additional tax on same sex domestic partners adds another sting to doma. these next few weeks will be significant forjíÑ the lgbt community and those who stand with them as the supreme court will decide whether to -- proposition 8 perry case and various doma cases however i don't believe we should stand still while this discrimination continues. i look forward to working with everyone on the board to the rest i submit. >> clerk calvillo: thank you. supervisor chu. >> supervisor chu: thank you very much. i have an empirrative item later on and i want to speak to it. it is a purely commendatory item. i am joined by supervisor elsbernd in sponsoring this. i simply want to recognize the grand reopening of the sunset rec center in my district located in the the heart of the sunset district and is actually our own full scale rec center that is available. we have many playgrounds, play fields, but we don't necessarily have a rec center so this one has been under construction foru the last two years. it was part of the 2008 clean that the voters approved and is
this additional tax on same sex domestic partners adds another sting to doma. these next few weeks will be significant forjíÑ the lgbt community and those who stand with them as the supreme court will decide whether to -- proposition 8 perry case and various doma cases however i don't believe we should stand still while this discrimination continues. i look forward to working with everyone on the board to the rest i submit. >> clerk calvillo: thank you. supervisor chu. >>...
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. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by incorporating the definition of marriage into their constitutions. voters in these states will not accept an activist court redefining our most fundamental social institution. arguments on both cases are likely to be in march and rules likely in june. shep? >> shepard: we got another announcement from the supreme court today. it's going to take up another case that really could effect what we all pay for prescription drugs. >> right. this is about the battle between more expensive brand name drugs and cheaper generic drugs. some of the brand
. >> particularly over the doma case. gay marriage advocates who want the defense of marriage act struck down say doma creates a gay-only exception to federal recognition of state licensed marriages. and we believe that the federal government should stop discriminating against same sex couples legally married by their states. but defender of traditional marriage between one man and one woman say, quote: since president bill clinton signed doma into law, 30 states have followed suit by...
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doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history of marriage, the federal government has always deferred to state definitions of marriage. let me give you an example. some states allow first cousins to marry, others don't because of prohibitions, incest concerns and things like that. whatever the state definitions are, the federal government has always followed the state definition. if a state says they're married, the federal government says for the purposes of benefits they're married. in 1996, the defense of marriage act departed from that practice and said the federal gover
doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history...
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ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot of benefits that come from the federal tax code, that people who get married need to enjoy if you're going to have a fair and equitable situation in society. so i think they made a big step forward here. and, you know, the court is a hard place to read. unfortunately, it's not like the election. well don't have nate silver to read every morning to tell us how it's going to turn out. but we'll all be watching closely. >> chris, there is a third issue that the justices haven't taken up yet, and that's an arizona law that bars some same-sex spouses from access to state benefits. where do we go on that? what
ruling in favor of the arc of history and civil rights, given the fact that they're taking up both doma and prop 8. i wonder where you think roberts fits into all this. >> based on some of the other decisions he has made, i don't think he is quite as conservative as some people think. i think taking up the doma case is really important because we really need to have the defense of marriage act struck down. marriage in the states is great. but at the end of the day, there is an awful lot...
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. >> high court we'll take a look at the constitutional of doma which shuts doubt benefits for same-sex marriage couples ruling foz both cases expected by june. >> thank you. >> defense of marriage act signed into law in 1996. in february, 2004, san francisco began)cuh issuing same-sex marriage licenses until an order to stop in march. in 2005 california legislature passed a bill legalizing same-sex marriage. but waits vetoed by governor schwartzeneggar. three years later put to a vote. prop 8 passes banning same-sex marriage. and 2010, prop 8 ruled unconstitutional. >> we'll have more on the question at 6:00. let's move on to other news. a major road in eastern contra costa county is closed because of a fatal car crash. sky 7 is over the scene. you're looking at aftermath of a terrible head on collision. the california patrol conferms one person died and this is the tough part. witnesses say the victim looks like a young boy around 7 years old, we're sorry to tell you. the accident happened at 3:30 this afternoon. the chp there is no estimate on when the scene will be cleared but one f
. >> high court we'll take a look at the constitutional of doma which shuts doubt benefits for same-sex marriage couples ruling foz both cases expected by june. >> thank you. >> defense of marriage act signed into law in 1996. in february, 2004, san francisco began)cuh issuing same-sex marriage licenses until an order to stop in march. in 2005 california legislature passed a bill legalizing same-sex marriage. but waits vetoed by governor schwartzeneggar. three years later put...
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the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have same-sex marriage to require them to have same-sex marriage. i don't think that's going to happen. i think there's many weigh stations between 0 and 50. for example, the court could look at this and say there are a bunch of states, eight states that say we're going to give you the rights and benefits of marriage but we're going to withhold the word marriage. the court can look and say you're worried about is brand. all you're saying is if you let gays into marriage that's going to diminish the brand. we're going to strike that down. we're going to add those s
the doma case doesn't affect any state decisions. where the perry case, the outcome -- >> that's the prop 8 case in california. >> exactly. thank you for helping me out there. the perry case says there's this definition passed by a ballot initiative in 2008 that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining 41 states that don't have...
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or would, if the supreme court rules against doma. >> if the supreme court rules against doma, nothing changes. >> if they rule for california? >> uh-huh. >> how about all of those other state constitdeletions? automatically invalid dated. >> the 9th circuit, when they decided the case they ruled very narrowly. they said because california had the right, california same-sex couples had the right to marry. then it was taken away from them, that this was similar to the 1996 supreme court case when the colorado voters had amended their constitution and it was a case rommer versus evans in which the voters had taken away ability for any city in colorado to have a non-discrimination policy based upon sexual orientation. the court there had said you can't take away people's rights to enter the system. >> bill: the court could say it's up to the states? >> the court could say you can't take away rights. >> bill: uh-huh. >> you have already granted. that would only impact the state of california. but they could also say that the 14th amendment to the constitution guarantees fundamental rights
or would, if the supreme court rules against doma. >> if the supreme court rules against doma, nothing changes. >> if they rule for california? >> uh-huh. >> how about all of those other state constitdeletions? automatically invalid dated. >> the 9th circuit, when they decided the case they ruled very narrowly. they said because california had the right, california same-sex couples had the right to marry. then it was taken away from them, that this was similar to...
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doma, the federal law that prohibits recognition of same sex marriages and property 8. >> she texted me, omg, five exclamation points, granted. she called me and we started crying. >> they've got to solve this at a national level because there's just too much administrative confusion right now. who gets health benefits? who can visit who in the hospital? which marriage counts? >> so what happens between now and when the u.s. supreme court makes that decision next june? we talked to legal experts to get their take. >> reporter: the final say in the culture war on same sex marriage is coming. and the justice's decision to hear the case is historic. >> this is equivalent to the supreme court taking on one of the most divisive sort of exciting constitutional questions of this generation and deciding that they have to issue an opinion on this. >> and constitutional law experts believe they will decide on one of three possibilities. >> reporter: first, the justices could say denying marriage to any couple is unconstitutional, just like the former ban on interracial marriage. that decision
doma, the federal law that prohibits recognition of same sex marriages and property 8. >> she texted me, omg, five exclamation points, granted. she called me and we started crying. >> they've got to solve this at a national level because there's just too much administrative confusion right now. who gets health benefits? who can visit who in the hospital? which marriage counts? >> so what happens between now and when the u.s. supreme court makes that decision next june? we...
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there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they can do with it. >> benefits are one thing. recognition and allowance is another thing. here's the other thing. it is real hard to get breaking material and information out of the supreme court before they're ready to give it but on occasion good connections yield something and yet a lock-up in terms of what they might do with prop 8 and doma. >> yeah. that's true. but you have to remember, on these big, sweeping social issues that the court has decided throughout history, desegregation of public schools comes to mind, brown versus the board of education, th
there's a variety of different ways they could decide on doma. you know, they don't have to decide on equal protection grounds but the narrow question of benefits or certain benefits or certain tax breaks that married people who happen to be same sex should get or shouldn't get. so, there's a whole range of ways they could consider this. it doesn't mean they're just going to go in and determine that a law against same-sex marriage is illegal discrimination. there are a lot of other things they...
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>> well, the challenge here to doma really is that only this provision in doma is unconstitutional as applied to legally married same-sex couples. the argument is that that provision discriminates against them by treating them differently from legally married opposite sex couple its. so if the court found in favor of edie windsor as the lower federal appellate court here did t would not affect any state's law that prohibits same-sex marriage so this is more of a yes or so no question, there aren't as many options as there are with the california prop 8 case for the court. >> warner: very briefly, the court did also raise so called standing issues in each one is it fair to say if they rule on these standing issue these could be incredibly narrow rulings. >> they could. the standing questions have to do with whether parties including the united states government are properly before the court in these cases. if the court finds that they are not properly before them the court will never even get to the marriage. the cases will be dismissed. >> warner: marcia, thank you so much. >> my plea
>> well, the challenge here to doma really is that only this provision in doma is unconstitutional as applied to legally married same-sex couples. the argument is that that provision discriminates against them by treating them differently from legally married opposite sex couple its. so if the court found in favor of edie windsor as the lower federal appellate court here did t would not affect any state's law that prohibits same-sex marriage so this is more of a yes or so no question,...
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is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way. saying it violated the rights of
is doma doomed? >> i think it is. there are four district courts saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's a heavy judicial pile of precedent here from the lower courts. the only question remains is one of standing. but i think that it really is losing steam. the questions going to be holings worth and whether they leave this question to states like california. and that could be a really painful decision if it goes the wrong way....
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. aches, fevers. and i relieve nasal congestion. overachiever. [ female announcer ] tylenol® cold multi-symptom nighttime relieves nasal congestion. nyquil® cold and flu doesn't. >>> the fight for a baby girl. the father says the mother never told him she was giving it up for adoption. will the adoptive parents give her up? that's the question. a judge has ruled. we'll tell you what happened when we continue. >>> tonight, "360" following
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that prop 8 was unconstitutional, it said you can't do what california did. you can't give the right, which the california supreme court did, and then take it away, which prop 8 did. california's the only state that did that. if the supreme court barely upholds the court of appeals ruling, that would be good for california only. if the supreme court dives fully into in and gets into the basic constitutional question about whether states can block same-sex marriage, then, yes, they would get to it. they won't -- the mere fact they took up the case, we don't know whe
the doma case doesn't invite the court to answer that question. it simple says if in those states that decide to grant same-sex marriage, which is up to the states, can the federal government still refuse to recognize those marriages? even if the supreme court strikes down the doma law, it won't say anything about whether a state has to allow same-sex marriage. on the prop 8 case it is possible to rule on that case very narrowly or broadly. let me explain. when the court of appeals said that...
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so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
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the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must permit same-sex marriage, it only says if they do, the federal government must recognize them. so it's the proposition 8 case from california that potentially raises the bigger question. now, as it comes to the supreme court, it comes in a very narrow way. the court of appeals, which agreed with the trial court, that proposition 8 striking down gay marriage in california was unconstitutional, it ruled in a very narrow way. it said california was wrong to grant the right and then take it away. you can't do that, apeeldz court said. if the supreme
the doma case has a very straight forward question. is it constitutional for a federal law to say that the government will not recognize marriages even when they're legal in the states, so that if married couples get married in the nine states where it's now legal, the federal government doesn't recognize those marriages. there's a question about whether that's unconstitutional discrimination, but if the supreme court does strike down doma, it doesn't say anything about whether the states must...
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the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. up high! ok. don't you have any usefull apps on that thing? who do you think i am, quicken loans? ♪ at quicken loans, our amazingly useful mortgage calculator app allows you to quickly calculate your mortgage payment based on today's incredibly low interest rates... right from your iphone or android smartphone. one more way quicken loans is engineered to amaze. ♪ home of the legendary grand prix circuit. the perfect place to bring the all-new cadillac ats to test the 2.0-liter turbo engine. [ engine revs ] ♪ [ derek ] 272 horsepower. the lightest i
the other case called windsor versus doma originated in new york and challenges the constitutionality of the defense of marriage act. we're going to talk about this a little bit more this morning, and we'll have our legal contributor paul callan discuss it with us right after this break. i always wait until the last minute. can i still ship a gift in time for christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express...
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is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
is doma doomed? >> i think it is. there are four district courts say i saying it violated the rights of gay and lesbian couples. there are two court of appeals. so there's
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the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than our cnn legal analyst, jeffrey toobin. how big a dl is this? put it in perspective. >> this is a major event in american history, not just court history because same sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from approximately 20% to 30% support in the '90s, now gallup polls showed 53%, exit polls showed 49%. it now appears to command close to a majority support and now the supreme court may decide that same s
the high court today decided to hear two appeals, one involving doma, the federal defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state of california. now, the court's expected to hear arguments in march with a ruling by late june, and the decision to take on the issue comes just weeks after voters in three more states approved same sex marriage. no one knows more about the supreme court than...
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so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of an equal protection question. the request he is will the court be ahead of where the public is or behind the public. this is a question that eventually sooner or later, probably sooner, the public will come around to recognize and already is showing by the polls that marriage equality should be considered a fundamental constitutional right. >> professor peterson, to julian's point, despite its rulings on the president's health care law, on immigration, this court maintains a conservative tilt. is this necessarily good news for supporters of same-sex ma
so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of...
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. i'm doing my own sleep study. advil pm® or tylenol pm. the advil pm® guy is spending less time lying awake with annoying aches and pains and more time asleep. advil pm®. the difference is a better night's sleep. ♪ you can stay in and like something... ♪ [ car alarm deactivates ] ♪ ...or you can get out there with your family and actually like something. ♪ the lexus december to remember sales event is on, offering some of our be
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the nurse that answered the phone has apparently taken her own life. there's fallout for the deejays. the royal family is weighing in on what happened. we have a live report ahead. capella university understands businesses are trying to come back from rough economic times. employees are being forced to do more with less. and the need for capable leaders is greater than ever. when you see these problems do you take a step back, or do you want to dive right in? with a degree in business from capella university, you'll have the knowledge to go further in your career than you ever thought possible. let's get started at
, the four democratic -- the four democratic members of the court will vote to allow -- to overturn doma, to allow california to have same-sex marriages. i think anthony kennedy, as is often the case, will be the swing vote. >> jeff toobin, thanks very much. >>> tragedy after a prank call makes headlines. this is such an awful story. a pair of australian shock jocks, deejays, whatever you want to call them, got through to the ward treating katherine, the duchess of cambridge. the...
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. >> either the prop eight or the doma. >> devoted to this. >> despite all of their research r search they did not expect that the supreme court would take up this case. >> we tend to believe that the supreme court is cautious and there are reasons they could have left the case alone. >> we were hoping that the supreme court wouldn't take the prop eight-case in which case, we could get married pretty soon, but it just means more waiting. >> we are pay -- paying our dues. we've been toyed with a little bit, yes, no, up down. i'm going to look at this as a better thing. >> back in 1996 when he was a san francisco supervisor. he cannot believe that gay marriage will be debated by the supreme court this had spring. >> especially for someone like me who's been around for a long time. this is a good thing because i was always laughed at and felt that it couldn't happen. > . >> we're very hopeful that had the decision will break in favor of allowing committed same sex couples. >> we will hear from the former mayor of san francisco, who shart -- started issuing licenses in 2004. . >> you can
. >> either the prop eight or the doma. >> devoted to this. >> despite all of their research r search they did not expect that the supreme court would take up this case. >> we tend to believe that the supreme court is cautious and there are reasons they could have left the case alone. >> we were hoping that the supreme court wouldn't take the prop eight-case in which case, we could get married pretty soon, but it just means more waiting. >> we are pay --...
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recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the most powerful justice is likely to determine the outcome. this is like the guessing game as to what is kennedy going to do. because he had obviously the things everybody talks about two really favorable gay rights rulings then he has other legal views that might conflict with this. do we have his cell phone number? could i give him a call? >> sure. >> stephanie: what you thinking about? what you doing? why are you so distant? you know what i started hoping over the weekend that all of the justices have a gay something. relative friends somebody they really
recent public opinion shows americans no longer support doma. one 12 poll revealed americans favored by 51% to 34%. anyway so then basically they're saying what everybody is saying predicting how prop 8 is going to come out however is tougher. blah, blah, blah we clearly established right to same-sex marriage is harder. for starters, it is likely to divide 5-4 as everybody is saying as they do on every important constitutional issue. on most other issues, justice anthony kennedy, probably the...
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morning to take it up, right now this means no news on prop 8 in california the same-sex marriage ban or doma until friday december 7th, when they have another chance to decide to take it up again. so far still a waiting game. no decision to take up prop 8, the same-sex marriage ban in california. >>> former president clinton comes to northern california tomorrow due to deliver a standing room only speech tomorrow night at sacramento's memorial auditorium, the hottest ticket in town, vip tickets $200 each sold out a while ago. he is a political rock star after ending his second terp he's turned himself into one of the most sought after political figures on the planet earning continuing of millions a year in speaking fees. >>> jane king is live from the new york stock exchange. good morning jane. >>> good morning. chrysler seeing a pick-up in demand partly thanks to superstorm sandy buyers returning to show rooms in november after the waters receded and replacement demand increased after hundreds of thousands of vehicles damaged or destroyed by sandy. as for trading, manufacturing in china hel
morning to take it up, right now this means no news on prop 8 in california the same-sex marriage ban or doma until friday december 7th, when they have another chance to decide to take it up again. so far still a waiting game. no decision to take up prop 8, the same-sex marriage ban in california. >>> former president clinton comes to northern california tomorrow due to deliver a standing room only speech tomorrow night at sacramento's memorial auditorium, the hottest ticket in town,...
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cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i tell them dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can grow and multiply. polident is specifically designed to clean dentures daily. its unique micro-clean formula kills 99.9% of odor causing bacteria and helps dissolve stains, cleaning in a better way than brushing with toothpaste. that's why i recommend using polident. [ male announ
cheryl harris says "i think doma women get shut down quickly on solid legal grounds. prop 8 harder but kennedy will clear it up." >>> next the tug-of-war over the fiscal cliff. how much are democrats willing to give our entitlement cuts? we'll ask congressman elijah cummings that question. >>> the fight on capitol hill convinces a big powerball winner to claim his fortune now. you're watching "weekends with alex witt." [ woman ] ring. ring. progresso. in...
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. >> i've heard from the justice department on doma and not with prop 8 and makes it all the more curious. >> the justice department has, again, had a leadership position on overturning the defensive marriage act but if you take the legal position they have advocated in the defensive marriage act cases and you apply it to a situation like proposition 8, all of those anti-gay laws go by the wayside and really a question of them taking the arguments they made in one case and making them again in this other case. >> i want to read from an associated press article on the fear and hope some have regarding gay marriage. gay marriage supporters see 41 reasons to fret over the supreme court's decision to take up the case of california's man on same sex issues and nine states allow partners to marry or will soon. 41 states do not. of those, 30 have written gay marriage bans into their state's constitution. >> i'm not that worried and the reason is because i think that the supreme court would have only taken these cases if they thought that they were ripe for a decision that moves the country forwa
. >> i've heard from the justice department on doma and not with prop 8 and makes it all the more curious. >> the justice department has, again, had a leadership position on overturning the defensive marriage act but if you take the legal position they have advocated in the defensive marriage act cases and you apply it to a situation like proposition 8, all of those anti-gay laws go by the wayside and really a question of them taking the arguments they made in one case and making...